Short answer. A further appeal, by itself, will not stop the eviction. Rule 70, Section 21 makes the judgment of the Regional Trial Court against the defendant immediately executory, without prejudice to a further appeal. The occupant may still question the decision in a higher court, but the appeal does not suspend execution.
What the law says
The judgment of the Regional Trial Court against the defendant shall be immediately executory, without prejudice to a further appeal that may be taken therefrom.
Rule 70, Section 21 — Immediate execution on appeal to Court of Appeals or Supreme Court. Read the full provision →
One sentence, two consequences
The section reads in full: The judgment of the Regional Trial Court against the defendant shall be immediately executory, without prejudice to a further appeal that may be taken therefrom. The two halves do different work. Immediately executory means the winning party need not wait for the further appeal to run its course before the judgment is enforced — the word is shall, leaving the point outside the court's discretion. Without prejudice to a further appeal means the losing occupant keeps the right to contest the ruling; the appeal simply proceeds while enforcement does.
Why ejectment works this way
Ejectment resolves one narrow thing: who is entitled to physical possession now. The Rules move these cases on compressed timelines precisely because a possession dispute that lingers rewards the party in occupation, whatever the merits. By the time a case reaches this section, the defendant has already lost twice — in the first-level court and again in the Regional Trial Court on appeal. The section reflects a judgment that two losses are enough to justify restoring possession, even though the legal contest may continue above. Execution and appeal are treated as parallel tracks rather than sequential ones.
What the further appeal can still achieve
The appeal is not an empty gesture: if the occupant ultimately wins in the higher court, the reversal is a real outcome with real consequences, and the case is decided on its merits regardless of who held the property in the meantime. What the appeal does not do, on its own, is freeze the status quo. Unless a higher court issues an order restraining enforcement, the RTC judgment remains immediately executory. So the practical question for each side is the same one the section answers: enforcement now is the rule, and any suspension of it must come from a court order, not from the mere filing of an appeal.
What the winning party should do
Move for execution before the Regional Trial Court and see the writ through — the right the section gives you is exercised, not self-executing. Keep your own conduct within the writ: enforcement is carried out through the court's officers, not by personal measures against the occupant. And stay attentive to the further appeal, because you may need to respond if the occupant asks the higher court to restrain enforcement. Counsel can tell you how the execution and the pending appeal interact in your particular case; the section's baseline, though, is firmly in your favour.